News & Events
The Ride of the Falling Leaves 2015
by David Rumm 24th September 2015


To maintain our connection with South London Cycling and to support Dulwich Paragon Cycling Club, we are riding The Ride of the Falling Leaves 2015 which is on 04th October. Looking forward to the rich autumn colours and views around Dulwich, Surrey and Kent.

Travelling Time for Workers with No Fixed Workplace Counts as ‘Working Time’
by Gemma Workman 21st September 2015

In the recent case of Federación de Servicios Privados del Sindicato Comisiones Obreras v Tyco Integrated Security SL and anor, the European Court of Justice has held that, for workers who do not have a fixed or habitual place of work, time spent travelling between their homes and the premises of the first and last customers designated by their employer constitutes ‘working time’.

TIS employs around 75 workers in Spain to install and maintain security equipment in homes and business premises.  Although the workers are all assigned to the central office in Madrid, each has responsibility for a particular geographical area.  The workers have the use of a company vehicle in which they travel every day from their homes to the places where they carry out work.  They use the same vehicle to return home at the end of the day.  The extent of such travel varies from day to day and can sometimes be over 100 km.  Under TIS’s policy, neither the first nor last journey of the day – namely the journey from the worker’s home to the first customer, and the journey from the last customer to the worker’s home – is counted as ‘working time’.  TIS therefore calculates the working day as running from the worker’s arrival at the first customer of the day, to the time that the worker leaves their last customer.  The workers challenged this classification as being contrary to the EU Working Time Directive.  The case was referred to the European Court of Justice, seeking a clarification on the meaning of ‘working time’ in this context.

In June 2015, the view was that travelling workers who have no fixed or habitual workplace should be able to count the time spent travelling from home to the first customer, and from the last customer back to their homes as ‘working time’ under the Directive.  It was noted that the Directive does not provide for an intermediate category between ‘working time’ and ‘rest’, so that time must be classified as one or the other.  Travelling is an integral part of the work of such ‘peripatetic workers’ and is a necessary means of providing services to the customers, meaning that it should be regarded as forming part of the workers’ activities.

The ECJ has now given its judgment.  It noted that case law has consistently defined any period during which the worker is at work, at the employer’s disposal and carrying out his or her activity or duties as ‘working time’.  It adopted the observation that the workers’ journeys were a necessary means of providing their technical services to customers and that they had to be regarded as carrying out their activity or duties during that time.  Given that TIS determined the list and order of the customers for the workers to visit, and the appointment times, the workers were not free to use their time as they pleased and so were at the employer’s disposal.  Furthermore, given that travelling is an integral part of being a worker without a fixed or habitual place of work, it could not be said that their ‘place of work’ was restricted to the physical areas of their work on customers’ premises.  For all these reasons, the travelling time has to be regarded as ‘working time’ under the Directive.

In so deciding, the ECJ rejected the UK Government’s argument that this conclusion would lead to an inevitable increase in costs for the employer.  The ECJ pointed out that TIS remained free to determine the remuneration for travelling time and that, save in the special case of paid annual leave, the Directive does not apply to the remuneration of workers.  Thus, the method of remuneration would be left to the relevant provisions of national law.

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Early Conciliation – The Statistics are In
by Gemma Workman 3rd September 2015

Much debate will no doubt continue regarding the practical value and impact of ACAS Early Conciliation, and the approaches which employees and employers take to engage with its requirements.

Parties may use the process to seek to establish the strength of their position to the other party in order to prevent litigation or encourage settlement.  Or they may purely refuse to engage in the process if it is considered pointless, perhaps, from the employer’s perspective, pending the individual showing commitment to his or her claim by paying the fee required to commence proceedings (if applicable).

On 7 July 2015 ACAS published statistics on the first year of operation of Early Conciliation.  In excess of 83,000 cases went to Early Conciliation between 6 April 2014 and 31 March 2015.  Some 84% of Claimants and 87% of employers said they would use it again.  Some 15% of Early Conciliation cases were concluded by way of a COT3 settlement, 63% did not progress to an Employment Tribunal Claim and 22% did lead to a Tribunal Claim, however over half of those cases were eventually resolved by ACAS later down the line before the main hearing.

While the scheme is assisting the resolution of cases to some extent, it would seem likely that the discussions about Tribunal fees will have a greater impact on whether cases end up proceeding to the Tribunal or not.

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